Accused murderer Chad Anthony Benfield was in Judge Lisa Rice’s court with a new round of attorneys Tuesday afternoon to work through a flurry of motions filed by Benfield’s previous attorneys and his new ones. The numerous motions come on the heels of the state’s filing a notice of intent to seek the death penalty on September 18, 2018.

Benfield is charged in a dual indictment of felony murders stemming from the burglary and brutal rape of Mary Nolen, who was 89 years old, in her Stoney Creek home in July 2017.

The Star reported in January of last year that Benfield was initially charged with one count of first-degree murder and especially aggravated burglary on August 11, 2017.

During the preliminary hearing that followed on November 17, Carter County Sheriff’s Investigator Penny Garland revealed that it was DNA evidence that helped them identify Benfield as the suspect.

A grand jury handed down an upgraded two-count indictment against Benfield in January 2018. Tennessee law allowed the two counts of first-degree murder charged in the indictment because Nolen died as a result of Benfield’s perpetration of aggravated burglary and of rape.

Defense attorneys Jim Bowman and Chris Byrd, who now represent Benfield, were present along with Assistant District Attorney Matthew Roark, who was present for the state.

Judge Rice first considered defense’s motion to exclude certain pictures of the victim from reaching a soon to be empaneled jury. The state agreed to not use autopsy photos, however, the pictures that depicted bruising around Nolen’s mouth and chin would be allowed in.

Bowman addressed the four-hour session where sheriff’s investigators interviewed Benfield subsequent to his arrest, and requested that Rice order the video of the interview transcribed. He explained that the video could contain hearsay and other inadmissible admissions.

Roark responded that getting a transcript from the video recording was extremely difficult because it was encrypted, and that he had the Tennessee Bureau of Investigation make an audio file out of it. Roark admitted that you could not tell who was speaking from that audio.

Judge Rice indicated that the interview could be excluded from the trial if it was too encrypted to communicate with the clerk office’s ability to make a transcription. Rice said a solution would have to be worked out between the parties.

Bowman also said that he would be putting together a motion regarding the unconstitutionality of the death penalty and would have that ready by Friday. Rice said that the state would have 10 days to file a response.

“There is plenty of case law for both sides to review,” said Judge Rice regarding whether or not the death penalty violates the constitution.

Rice set August 20 as the next court date — one of many that will follow to answer motions and to tie up loose ends to help keep the eventual trial currently scheduled next year on January 20 on track.